Is It Too Late?
From Wikipedia:
http://en.wikipedia.org/wiki/Posse_Comitatus_Act
In early 2006, the 109th Congress passed a controversial bill which grants the President the right to commandeer Federal or even State National Guard Troops and use them inside the United States. This bill, entitled the John Warner Defense Appropriation Act for Fiscal Year 2007 (H.R. 5122.ENR), contains a provision, (Section 1076) which allows the President to:
“...employ the armed forces, including the National Guard in Federal service, to...
restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States..., where the President determines that,...domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy...” [3] Senator Patrick Leahy and others have condemned Section 1076 because it effectively nullifies the Posse Comitatus Act and the Insurrection Act (10 U.S.C. 331-335) and gives the President the legal ability to define under what conditions martial law may be declared. [4]
Note: H.R.5122 was introduced in the U.S. House of Representatives on April 6, 2006, as H.R.5122 by Rep. Duncan Hunter (R-CA). On May 5, 2006, Rep. Tom Cole (R-OK) introduced another version of the bill, H.Res.806, followed by H.Res.811 on May 11, 2006, and H.Res.1062 on September 29, 2006. In the U.S. Senate, Sen. John Warner introduced S.2507 on April 4, 2006, followed by S.2766 on May 9, 2006, and S.2766 on May 9, 2006. Section 1076 appears only in the final signed version of the bill (Public Law No: 109-364, October 17, 2006): Title X--General Provisions, Sec. 1076, Use of Armed Forces in major public emergencies. The Congressional Record (Page H8151 and Page H8152 shows Section 1076 as amended September 29, 2006, in the U.S. House of Representatives as a change to Section 333 of title 10, United States Code.